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USCIS has provided much needed clarification with respect to the ability of F-1 STEM OPT holders to be placed at and provide work at a location other than their employer’s office. Under the new guidance, USCIS is specifically [...]
In a much-anticipated decision dated January 23, 2016, the U.S. District Court for the District of Columbia sided with the Department of Homeland Security's request for extension to extend the vacatur of the current STEM OPT rule which was struck down on August 12, 2015. The current STEM OPT rule continues to remain valid until [...]
Many employers and F-1 STEM students have been anxiously expecting a draft of the proposed STEM OPT extension rule which had to be rushed as a result of the August 2015 District Court decision invalidating the existing 2008 STEM [...]
In an opinion dated August 12, 2015, the U.S. District Court for the District of Columbia vacated the Department of Homeland Security’s 2008 rule which extended the post-graduation optional practical training (OPT) by 17 months for eligible [...]
We have received many inquiries in connection with the OPT extension to 29 months for holders of STEM degrees (non-STEM degrees also get some relief under the new OPT rule). One of the questions asked most often is, "How do I know if my degree is a STEM degree?" This article provides the answer to this question.
Many of our readers are aware that as of April 1, 2024, USCIS had received number (not announced yet) of H-1B cap registrations which is sufficient to fill the annual H-1B quota and they have completed the random lottery to allocate the [...]
This year’s busy H-1B cap season included many H-1B employee candidates who hold F-1 status and who are employed in the U.S. pursuant to F-1 optional practical training (OPT) status. Out of these F-1 visa holders, many [...]
Many of our readers, and especially those foreign students on F-1 status who are in a technical field, are aware of the regulations which allow holders of Science, Technology, Engineering and Math (STEM) degrees to obtain an additional 24-month OPT work permit extension, in addition to the 12-month post-completion OPT work permit. Understanding the eligibility [...]
Spring and early summer are generally busy period for recent foreign college graduates as far as employment immigration is concerned. On one hand, foreign college graduates are either applying for their initial term OPT, their 24-month STEM extensions (if they qualify) or their H-1B work visas under the H-1B cap. Our office fields many questions [...]
The Department of Homeland Security (“DHS”) has just released the final text (also copy of Federal Register version) of the rule seeking to improve certain aspects of the employment-based immigration system. The new rule [...]
